The long-running Unnao rape case returned to the spotlight on Tuesday as a fresh plea was moved before the Supreme Court of India, questioning the recent decision of the Delhi High Court to suspend the jail term of former BJP legislator Kuldeep Singh Sengar. The petition urges the top court to step in and halt what the petitioners describe as a “serious miscarriage of justice” in a case that once shook the nation.
Background
The plea has been filed by advocates Anjale Patel and Pooja Shilpkar, who have asked the Supreme Court to stay the High Court’s December 23 order. That order suspended Sengar’s life sentence in the 2017 Unnao rape case while his appeal against conviction remains pending.
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Sengar was sentenced to life imprisonment by a Delhi trial court in December 2019 for kidnapping and raping the survivor when she was a minor. The trial court had made it clear that he deserved to remain behind bars for the rest of his natural life. The case, along with other connected matters, had earlier been shifted from Uttar Pradesh to Delhi on the Supreme Court’s directions in August 2019, citing concerns over fairness and safety.
Court’s Observations
Before the Supreme Court, the petitioners argued that the High Court overlooked crucial facts while suspending the sentence. They contended that the order failed to consider Sengar’s criminal background and the gravity of the offence. “The High Court committed a grave error in law and on facts,” the plea stated, pointing to the brutality of the crime and the influence allegedly wielded by the accused.
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The petition also recalled the prosecution’s stand that even while the survivor’s father was in judicial custody, he was murdered in circumstances that the trial court later termed custodial death. “The bench failed to appreciate material evidence showing the accused’s muscle power, financial influence and criminal propensity,” the plea said, adding that these factors should have weighed heavily against granting any relief.
Decision
The Delhi High Court, while suspending Sengar’s sentence, had noted that he had already spent over seven years and five months in prison. It imposed strict conditions, including a personal bond of ₹15 lakh with three sureties, and barred him from entering within a five-kilometre radius of the survivor’s residence in Delhi. The court also warned that any attempt to threaten the survivor or her mother would lead to cancellation of bail.
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Importantly, Sengar continues to remain in jail as he is serving a separate 10-year sentence in the custodial death case of the survivor’s father, where no bail has been granted. The Supreme Court is now expected to consider whether the High Court’s order suspending his life sentence should be stayed while the appeal is heard.
Case Title: Plea Challenging Suspension of Sentence in Unnao Rape Case (Kuldeep Singh Sengar)
Case No.: Not specified
Case Type: Criminal Petition / Special Leave Petition (Challenge to suspension of sentence)
Decision Date: Delhi High Court order dated December 23